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HomeMy WebLinkAboutDemolition of the North and South Wings of the Airport Hotel Augusta Richmond GA DOCUMENT NAME: \) EO TY\O L 'n; G AI 0 ~ i H 6" 1\l" IZ \ H II N!> So \J -r-I'l uJlNj 3 6 ~ TH~ Alf2-POe-r l40,E:L DOCUMENT TYPE: LO NI R. 41 c T YEAR: \ '19 '1 BOX NUMBER: l..p FILE NUMBER: \ ~ % lD I NUMBER OF PAGES: I r '; " / /!."'- / 'lv14'l!r I' ?Utl~e OFFICE OF THE ADMINISTRATOI. CHARLES R. OLIVER. PE CPA ADMINisTRATOR WALTER S. HORNSBY, III ASSISTANT ADMINISTRATOR ROOM 80( - MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA, 3091 1 (706) 821-2400 - FAX (706) 821-2819 -', September 17, 1997 Mr. Albert L. McDill, Director Bush Field Airport ,1501 Aviation Way Augusta, Georgia 30906 Dear t\l, The Augusta-Richmond County Commission, at its Regular Meeting held Tuesday, September 16, 1997, approved a contract and work order with Southern , " Environmental Services, Inc. in the amount of $87,100 regarding the demolition of the north and south wings of the Airport Hotel. (Funded by Account #71-5703-00-0812.) Should you have any questions in this regard, please do not hesitate to call. Sincerely, 'p,S- "\ Charles R. Oliver Administrator CRO/shw 9-16-97-#57 ,.,..:'~'. . ,/<,..>~~.;;.:...,-_.-.:} :" ',; ./.~~'.',~// ,{(~ ,.\ .., .... W i~"t;"f.... tof" f~ l J :..', (:;.:~'.l r \LL..:~\~"'C) .....::... t ::"'_1 ;':'r::'~~ 0"1 ~.; rlri(,l~ -~ 'j ! _0),L..:; L - :':_:;.:'1 L I \. ':-, .....\ ! ':J'J7\ \ ':'":,...-4., . /-_ \. -/.\ f."-..... (. ...<"'... " .... "-:!:~>),--~,,....\/\"..(\ \" "" /.-.. fi-;' ,,'" " , -....... 0 ( I"" - ~ .. cc: 'Mr. A. B. McKie Mrs. Donna Williams Mrs. Geri Sams T if E 'i" AME'RI'CAN INSTITUTE o F ARC H TEe T S AlA Document Al 01 Standard Form of Agreement Between Owner and Contractor I where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED rflTH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AlA Dowment A201, General Conditions of the Contract for Construction, is adopted in this dowment by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty-fHth Nineteen Hundred and Ni nety Seven. day of August in the year of BETWEEN the Owner: Augusta-Richmond County Commission - Bush Field Airport 1501 Aviation Way Augusta~ GA 30906 (Name and address) and the \,ontractor: (Name and address) Southern Environmental Services, Inc. 2171-F Kingston Court Marietta, GA 30067 The Project is: (Name and location) Demolition of North and South Wings of Airport Hotel Bush Field Municipal Airport The Architect is: Cheatham, Fletcher, Scott & Sears, Architects, P.C. 420~ Eighth Street Augusta, GA 30901 (Name and address) The Owner and Contractor agree as set forth below. Copyright 1915. 1918. 1925. 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1977. @1987 by The American Institute of Archi- tects. 1735 New York Avenue, N. W,. Washington. D.C. 20006, Reproduction of the material herein or substantial quotation of its provisions without wrillen permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTI-I EDITION . AfA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W,. WASHINGTON. D,C, 20006 A101.1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. i' , ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements. either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Contracr.or shall execute the entire Work described in the Contract Docwnents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3,2 is measured, and shall be the date of this Agreement, as first written above, unless a'different date is stated below or provision is made for the date to be ftxed in a notice to proceed issued by the Owner. (Insert the date of commencement. if it differs from the date of this Agreement or, if applicable. stale Ihal the dale will be fixed in a notice to proceed.) Date of Commencement shall be fixed i'n a notice to proceed. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contraclor shall notify the Owner in writing nOt less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests, . 3.2 The Contractor shall achieve Substantial Co'mpletion, of the entire Work not later than (In,H'rt the calemlar date or ",,,nher of calendar days after Ihe dale of commencement, Also inserl any requiremelllsfor earlier Suhstmllial Completion of cer. lain port/oIlS of Ihe Work. if ,wi Slaled elseu'here in the COlllract Documents.) Sixty (60) ca 1 enda r days from da te' of commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prOl'isions. if any. for liquidated damages relating 10 failure 10 complete on time.) Contractor shall pay as llquidated damages the sum of two hundred dollars ($200) for each calendar day the project remains i'ntomplete after expir~tion of Contract time. AlA DOCUME~IT, A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AIAGlI · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W,. WASHINGTON, D.C, 20006 WARNING: Unlicensed photocopying vIolates U.S. copyright 18WlI and II subject to legal prosecution. A101-1987 2 .. ARTiClE 4 CONTRACT SUM 4.1 The Owner s~all Ray the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seventy SlX Thousand One Hundred--------------------------------__________Doll:us (S 76,100. OO-----------~-----------------), subject to additions and dedudions as provided in the Con- tract Documents. . 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are' hereby accepted by the Owner: (State Ibe numbers or otber identification of accepted alternates, If decisions on other altemales are to be made by tbe Owner subsequellt to Ibe execlltioll 0/ this Agreemelll. allach a schedute of such other a/temates showing tbe amounl for each and the dale ulltil which tbat amoulll is ,.atid.) None 4.3 Unit prices, if any, are as follows: None AlA DOCUMEt-IT A101 . OWNER-CONTRACTOR AGREEMENT. TWELITH EDITION · AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W,. WASHINGTON. D.C. 20006 A101-1987 3 WARNING: Unlicensed photocopying vIolates U.S. copyright laws and Is subJect to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted'to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: . 5.3 Provided an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment to the Contractor not later than the ten th day of the fo 11 ow; ng month, If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than fo rty-fi ve days after the Architect receives the Application for Payment. 5.4 Each Application for Paymcnt shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract l)ocUIl1l:nts. The schedule of values shall allocate the entire Contract Sum among the various portions of the \'(()rk and be prepared in such form and supported by such data to substantiate its accuracy as thc Ardlitect may reqlrire. This schedule. unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percent:lge of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6. Subject to the provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less ret:linage of ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included:ls provided in Subparagraph 7,3,7 of the General Conditions even though the Contract Sum has not yet been adjusted b~' Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably'stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent (- 'Yo,); 5.6.3 SubtrJct the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts. if any. for which the Architect has \\:ithheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment anlOunt determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add. upon Substantial Completion of the Work. a sum sufficient to increase the total payments to ninety percent ( 90 %)oftheContract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the W'ork is thereafter materially delayed through no fault of the Contractor, any additional amounl.~ papble in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Rt:uuction or limitation of retainage, if any, shall be as follows: (If it is ;1I/(,1Ided. l,dOI" 10 .''':II/]SltI11titll Completioll uf the entire 'X'ork, tn reduce or limit /be relainaRe rcsllltillR!rom IlJe pern'lllaiWs inserted ill .\jU/JI){IHI- ~,,((/,/~s 1.6./ (lnd 5.6..1 alml'C!, anti Ibis is l1(Jll'xfJltlillt'd elsl'U'bere in tbe Con/raet Documents, insert bere pr(JI'is;(Jllsfor stich reduc.:';oll or limitcll;cm.j AlA DOCUMENr Al01 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITtON . AlA'" . @1987 TilE AMERICAN INSTITUTE OF ARCHtTECTS. 173S NEW YORK AVENUE. N,W" WASHINGTON. D,C. 20006 A101-1987 4 WARNING: Unlicensed photocopying violates US. copyright laws and Is subJect to legal prosecution. ARTICLE 6 FINAL PAYMENT , Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive fmal payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's fmal Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the Clate payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed u{i,m, if allY.) (Usury lall's alld requiremellls under tbe Federal Trutb in Lending Act; similar slate and lowl collSumercredil lall's and otber rep,ulalionHlllbe Oll'ller 's <lnd Contractor's principal places of Imsiness, tbe location of tbe Project and elsewhere may affecttbe f!alidity of Ibi,< pr'lI'isioll. l.e~<l1 adl'ice sbould be ohl<lilled with respect 10 deletiolls or modifications, and also regarding requirements such as writ/en disclosures or u'oil-'ers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions, AlA DOCUMENiT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AfA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N,W,. WASHINGTON, D,C. 20006 A101-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document Al 0 1, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1'987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Re'v. July 17, 1997 ,andareasfollow~: Document TItle Pages Section E General and.Supplementary Conditions E-1 through E-4 9.1.4 The Specifications are those c~ntained in the Project Manual dated as in Subparagraph 9.1,3, and are as follows: (Either Ii..t tbe Specification.. here or refer to a1l exhibit aI/ached 10 thi.. Agreemelll.) Section Title Pages Refer to "Index of Contract Documents: attached AlA DOCUME,NT A101 · OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @19R7 . THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D,C. 20006 A101-1987 6 WARNING: Unlicensed photocopying violates US. copyright laws and /s subject to legal prosecution. INDEX OF CONTRACT DOCUMENTS Contract Documents for DEMOLITON OF NORTH AND SOUTH WINGS OF AIRPORT HOTEL BUSH FIELD AUGUSTA MUNICIPAL AIRPORT AUGUSTA, GEORGIA 1. SPECIFICA TrONS, bound herein, in the following order: DIVISION 1 - GENERAL REQUIREMENTS: ,SECTION NUMBER Illi..E PAGES A Legal Notice A-1 - A-2 13 Instructions to Bidders B-1 - B-2 C Proposal Form C-1 - C-2 () Contract Forms D-1 E General and Supplementary E-1 - E-4 Conditions F Special Conditions F-1 G Statutory Affadavit G-1 .l2.!YhSION 2 - SITE WORK: 02060 Building Demolition 1 - 4 2. DRAWINGS, bound herein, consist of the following: Sheet No. A-1 LOCATOR PLAN A-2 I DEMOLITION PLAN - HOTEL NORTH WING DEMOLITION PLAN - HOTEL SOUTH WING EXISTING WATER & SANITARY SEWER PLAN EXISTING STORM WATER PIPING PLAN ,0.-3 EXISTING POWER & TELEPHONE PLAN 9.1.5 The Dr:Jwings are :IS follows. :Ji;d are dated Rev. Ju 1 y 17, 1997 (Hitber lisl/be /Jralt'iItRS lJerf! or n'Ie,. t() all exbib;( allOI:hed /0 tbis Agreement.) unless a different date is shown below: Number Title Date Refer to "Index of Contract Documents" attached 9.1.6 The alkicmla. if any, arc as follows: Number Date Pages Portions of :Jddcnd:J relating to bidding requirements are not part of the Contract Documents unless the bidding requirements :Ire also enumer:lted in this Article 9. AlA DOCUME/lIT A101 . OWNER-CONTRACTOR AGREEMENT. TWELfTH EDITION. AlA"' . @19R7 THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006 A101-1987 7 WARNING: Unlicensed photocopyIng violates U.S. copyright laws and Is subJect to legal prosecution. 9.1.7 Other documents. if any. forming pan of the Contract Documents are as follows: (List here arlY additiorlal docume7llS which are intended to form part of tbe Contract Documents. The General Condilions pmt'ide that biddirl? requirelllt!7IIs such as adt'ertisement or invitation to bid. l'lStTlKtiorls to Bidders. sample forms and the Contractor 's hid are not part of tbe C07llract Docame7llS anless enumerated in tbis Agreement, They sbould be listed bere only if intended to be part of the Contract Documents) " This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor. one to the Architect for use in the aclministration of the Contract: and the remainder to the Owner. L. McDill, Airport Director ,JcA)~ WQSSOV/ (JW!s~&u AUGUSTA-RICHMOND COUNTY COMMISSION, BUSH FIELD MUNICIPAL AIRPORT OWNER ~J. 'r; (Primed name and Iii/e) (Prinled name and 'Iii/e) ~ CAUTION: You should sign an original AlA document which has this caution printed in red. ~ An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWEl.FTH EDITION. AlA" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W,. WASHINGTON. D.C. 20006 A101-1987 8 WARNING: Unlicensed photocopying violates U.S. copyrfght 1_ and Is subject to legal prosecutfon. , THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based On Final Contract Amount . Bond No. CC002000040 AJA Document A312 Performance Bond Mt Iir9W rof__ to Carhdcr. &nly. 00Mr '" _polly _ be _ plnI....... ~ CONTRACTOR (Name and Address): SOUTHERN ENVIRONMENTAL SERVICES, INC. 2171-F KINGSTON CT. MARIETTA, GA 30067 SURETY (Name and PrincIple Place ot Business): CUMBERLAND CASUALTY & SURETY COMPANY 1900 EMERY ST., STE.120 ATLANTA, GA 30318 OWNER (Name and Address): AUGUSTA-RICHMOND COUNTY COMMISSION - BUSH FIELD AIRPORT 1501 AVAlTION WAY AUGUSTA, GA 30067 CONSTRUCTION CONTRACT Date: 8/25/1997 Amount: 76,100.00 Description (Name and Location): DEMOUTION OF NORTH & SOUTH WINGS OF AIRPORT HOTEL-BUSH FIELD AIRPORT BOND Date (Not earlier than Construction Contract Date): 8/29/1997 Amount 76,100.00 . Modifi<,.ations to this Bo d: [Xl None CONTI~ACTOR COMPANY: SOUlHERN ~INC. _-. ~ma an~ Tit! . T ~.o.S F. W'S ON, President , (Any a~Signatures appear on page 3) " Signature~ Name and Title: Sam H. Newberry , Attomey-in~Fact FOR INFORMATION ONL Y-Name, Address and Telephone AGENT OR BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): A 312-1984 1 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMEHT BOND DECalSER 19&4 ED., NA 0 THE AMEIlICAH INSTlTVTE OF ARCHITECTS. IT.111 NEW YORK AVE., N.W~ WASHINGTON D.C. 2000S THIRD PRnNTINO - MARCH 1987 1 Tho Contractor and the Surety, jointly and sever- ally, bind themselves their heirs, executors, admim- stratom, successors and assigns to the Owner for the pelformance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Con- tract, the Surety and the Contractor sha" have no obligauon under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under tl1is Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 be/ow that the Owner is considering declanng a Contractor default and has requested and attemp- ted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after recl~pt of such notice to discuss methods of per- fomling the Construction Contract If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Con- struction Contract, but such an agreement shaU not wa~'e the Owner's right, if any, subsequently to de- clare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shaU not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subpara- graph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex~ pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from quali- fied contractors acceptable to the Owner for a con- tract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excass of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's default; Of 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new con- tractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety per- form its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Sub- paragraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be en- titled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the owner of the Balance of the Contract Price to mitigation of costs and damages on the Con- struction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective' work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Uquidated damages, or if no nquidated dam- ages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are un- related to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of anion shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, admini- strators or successors. A312-1984 2 AlA OOCU'~ENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1ll8oo1 ED.. AINJ nE AMERICAN INSTTTVTE Of' ARCHTECTS. 1735 HeN YORJ( AVE.. NoW,. WASHINGTON. Q,C. 2000lI 8 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obi- gation:s. 9 A11y proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Cootrac. tor ceased working or within two years after the Surety refuse; or fails to perform its obligations under this Bond, whichever occurs first. It the provisions of this Paragraph are void or prohibited by law, the minimum period.of limitation available to sureties AS a defense In the jurisdiction of the suit shall be applicable. 10 Notice to the Surety the Owner or the Contractor snaY be mailed or delivered to the address shown on the signature page. 11 When this Bond has been fumished to comply with a statutory or other Ie'gal requirement in the location where the construction was to be performed any provi- sion in this Bond conflicting with said statutory or legal requirE1ment shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirE,ment snail be deemed incorporated herein. The intent is that this Bond shaD be construed as a statutory bond and not as a common law bond MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12 DEFINITIONS 12. 1 Balance of the Contract Price: The total amount payable by the Owner to the Contrac- tor under the Construction Contract after aD proper adjustment have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for dam- ages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement be- tween the Owner and the Contractor identified on the signature page including all Contract D0cu- ments and changes thereto. 12.3 Contractor Default Failure of the Contractor which has neither been remecfled nor waived to perform or otherwise to comply with the terms of the Construction Contract 12.4 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Compcmy: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal), Signature: Name and Title: Address: A312.1984 3 AlA DCX:UMENT A312 PERFORMANCS BONO AN PAYMENT BONO OECEMBER 19&4 30., AlA 0 THE AMEl~1CAN INSTlT\JTE OF ARCHITECTS. 1'136 NEW YORl< AVE.. N.W~ WASHINGToN. D.C. 2lIOOI THIRD PRINTING. MARCH 11181 . THE AMERICAN INSTITUTE OF ARCHITECTS ., ,.; AlA Document A312 Payment Bond I>nt WlgUw __... ~,IYWIY. _ .._party _... _PIt,nI whoro"""'- CONTRACTOR (Name and Address): SOUTHERN ENVIRONMENTAL SERVICES, INC. 2171-1= KINGSTON CT. MARIETTA, GA 30067 SURETY (Name and Principle Place of Business): CUMBERLAND CASUALTY & SURETY COMPANY 1900 EMERY ST., STE.120 MARIETTA, GA 30067 OWNER (Name and Address): AUGUSTA-RICHMOND COUNTY COMMISSION - BUSH FJELD AIRPORT 1501 JWAlTION WAY AUGUSTA, GA 30067 CONSTRUCTION CONTRACT Date: 8/25/1997 Amount: 76,100.00 Description (Name and Location): DEMOUTJON OF NORTH & SOUTH WINGS OF AIRPORT HOTEl-BUSH FIELD AIRPORT BOND Date (Not earlier than Construction Contract Date): 8/29/1997 Amount 76,100.00 Modifications to this Bond: See Page 3 (Corporate Seal> NTAL SERVICES, \ "- ~dditi nal signatures appear on page 6) FOR INFORMATION ONLY-Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: Engineer or other party): ' AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 ED.. AWJ TliE AMEl'lICAN INSTITVTE OF ARCHITECTS, 1735 NEW YORI< AVE. N.W_ WIt.SHlHGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1934 4 .' 1 The Contractor and the Surety, jointly and severally, bind ttiemselves their heirs, executors, administrators, succ<<.sors and assigns to the Owner to pay for labor, materi.-w and equipment furnished for use in the per- Jormance of the Construction Contract, which is incor- porated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 I~romptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifi~ and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, ~en or suit is for the payment for labor, materials or equipment fur- and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided thert9 is no Owner Default . 3 With respect to Claimants, this obligation shan be nuD and void if the Contractor promptly makes paymen~ dir- ectly o( indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants un- der this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to ~ Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment includ- ed in the claim stating, with substantial accur- acy, the amount of ,the claim and the name of the party to whom the materials were furnished or supp~ed or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor,' or not received within 30 days of furnishing the above notice any com- munication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and Sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and en- closing a copy of the previous written notice fur- nished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or the the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the condit- ions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after re- ceipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any un~ puted amounts. 7. The Surety's total obligation shaH not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contrac- .tor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Con- tractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construc- tion Contract are didicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shaU not be liable to the Owner, Claimants or others for obligations of the Con- tractor that are unrelated to the Construction Contract. The Owner shaY not be ~able for pay- ment of any costs or expenses of any Claimant under this Bond, andshaU have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Con- tract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shaY be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in 'the location in which the wOfk Of part of the work is located or after the expir- ation of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or clause 4.2.3, or (2) on which the last labor or service was pesformed by anyone or the last materials Of equipment were furnished by anyone under the A312.19U 5 AU. DOCUMI!NT A312, P'l!'''ORMAHCl! aoHO AND PAYMENT BONO ct!CEMBVllllW l!D., NNJ THE: AMERJCAH lHSTITUTE OF ARallTECT5, Ins NE-li YOIUC AVE.. N.W~ W~TON. OJ:. 2llOllC THIRD PRlHTINO , MARCH 1887 ,... .' Construction Contract, which ever of (1) or (2) first 0c- curs, if the provisions of this Paragraph are void or pr~ hibited by law, the minimum period or limitation ~ able to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or th~ Contractor shall be mailed or delivered to the address shown on the sig- natum page. Actual receipt of notice by Surety, the Owner or the Contractor, however accompflShed, shall be suf- ficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or le'gal require- mentshall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shaY be deemed incorporated herein. The intant is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential/beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shaU permit a copy to be made. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: 15 DEFINITIONS 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equi~ ment for use in the performance of the Contract The intent of the Bond shall be to indude without Umita- tion in the terms 1abor, materials or equipmenf that part of water, gas, power, Dght, heat, oil, gasoline, telephone Service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and aU other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, mater- ials or equipment were furnished. 15.2 Construction Contract The agreement between the Ownat' and the Contractor identified on the signature page, induding all Contract Doc- uments and changes thereto. 15.3 Owner Default Failure of the Owner, which has neithat' been remedied nor waived, to pay the Cont- ractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (SpaCtJ is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (CorpOrate Seal) SLlRElY . Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: A312-1984 . AlA OOClJMEHT A312 PERFORMANCE BOND AND PAYMENT BONO DECEMBER 19&4 ED. NNJ THE AMERICAN IHSTITUTE OF ARCHITECTS, 1n6 NeW YORK AVE.. N.W~ WASHINGTON. D.C. 2000lI THIRD PfllHTIHG . tIARa. 111I7 .' CUMBERLAND CASUALTY & SURETY COMPANY TAMPA, FLORIDA BOND N Q CCOO2000040 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Florida,havlng ita principal office in the city of Tampa, FIorlda, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7th day of April, 1997 , to wit: R8S(lIved, that the President of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such person, firms, or corporations as may be selected from time to time. Be It further resolved, that the signature of the President and the Seal of the Company may be affIXed to any such Power of Attorney or any certificate relating lhen!to by facsimile , and any such powers so executed and certified by facsimile signature and facsimile seal shall be valld and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. . Cumberland Casualty & Surety Company does Hereby make, constitute and appoint Sam H. NI9Wberry ita true and lawful attorney-in-fact, for it and in ita name, to sign, execute, acknowIecIge, deliver, act and deed on ita behatf in issuing the bond CCOO2OOOO4O In the amount of $76,100.00 and to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized offlC8l' of the Cumberland Casualty & Surety Company. IN WITNESS WHEREOF, the Cumberland CIISWIlty &. Surety Company has caused this Power of Attorney to be sIped bY:IID of8cer orabe Company and Ita Corporate Seal to be hereto afIlxed. STATE OF FLORIDA ) ) SS COUNTY OF HlLLSBOROUGH) CUMBERLAND CASUALTY & SURETY COMPANY ~.~~ Edward J. Edenfield IV , President On this 7th day of April, A.D. 1997, before me personally came Edward J. Edenfield IV, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hillsborough,State of Florida; that he Is President, of the Cumberland Casualty 8, Surety Company, the corporation described in and which executed the above instrument; thet he knows the seal of Said corpo,ration; that the seal affIXed to the said instrument is such corporation seal; that it was so affIXed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. STATE OF FLORIDA ) ) SS COUNTY OF HlLLSBOROUGH) ~'~7G BEVERLY ANN JERRY Notary Public, State of Florida My Commission Expires Aug. 22, 1998 No. CC 402276 Bonded Thro Official Notary Service I, the undersigned, Secretary of the Cumberland CaSualty & Surety Company, a Florida Corporation, that. the fo((~oing and attached POWER Of ATTORNEY remains in full force. Signed and Sealed at the City ,of Tampa. DO HEREBY CERTIFY Dated the 29th Day or Aupst 1997 ~~/~~ Carol s. Black, Seeretary CHANGIE ~, 'ORDER OWNER ARCHITECT CONTRACTOR FIELD OTHER o o o o o AlA DOCUMENT G701 Demolition of North & South Wings PROJECT: of Ai rport Hotel CHANGE ORDER NUMBER: 1 (name, address) Bush Field Municipal Airport DATE: September 8, 1997 TO CONTRACTOR: Southern Envi ronmenta 1 Servi cesARCHFfECT'S PROJECT NO: (name address) 2171-F Kingston Court , ~larietta, GA 30667 CONTRACT DATE: August 25, 1997 CONTRACT FOR: Demo 1 it ion ,The Contract is changed as follows: Abate approximately 500 square feet of ACM floor tile and mastic. Abate approximately 10,600 square feet of ACM roof shingles from south wing of Airport Hotel. Work shall be performed in accordance with proposal from Southern Environmental Services~ Inc. dated September 01, '1997. Not valid until signed by the Owner, Architect and Contractor. 76,100.00 0.00 76,100.00 The original (Contract Sum) (CUIIFIIRteea M~!iffiUffi Priee) was . . . , , . . . . . . , .. . . , . . , , , , . $, Net change by previously authorized Change Orders . . . . . , . , ' , , , , , . . , ' . . , , . . . , . . . . . S ~he (Contract Sum) (C ':UlrIlflteeEl ~ 1RHiR'lUffi Price) prior to thL~ Change Order was, , ',". . . . , . S The (Contract Sum) (CtIRrfiAt@ed >~RJ[iR'lURl Price) will be (increased) (c1ecreil5ea) (unchanged) by this Change Order in the amount of , , , , , , . . , , , . , , . , , , , , . . . . , . ' , S The new (Contract Sum) (C l1RrRAtecd ~ hr![iffil1R'l Price) including this Change Order will be "S 11 , 000 . 00 87,100.00 The Contract Time will be (incre;l~ed) (serreR"eel) (MRchilf1ged) by (10 ) days, The date of Substantial Completion as of the date of this Olange Order therefore is '.,- ,70 days from the date of commencement. NOTE:, This slIll1lll:lry dlll:s not rellect changes in the Contract Sum. Contract Time or Guaranteed M:lximum Price which h:l\'e hccll :luthorizcd by Constnlction Ch:Ulgc Directive. Cheatham, Fletcher, Scott & Sears. Architects. P.C. ARCHITECT 420 1/2 Eiqhth Street Southern, Envi ronmenta 1 Services, Inc. CONTRACTOR 2171-F K' BY fJlJ Augusta-Richmond County\Commission Bush Field Municipal Airport OWNER )501 Aviation Way Address AB:gus~o~ '1/ . DATE 9 ' / "7. 9 '7 CAUTION: You should s nJn original AlA document which has this caution printed In red, An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT G70t . CHANGE ORDER . 191'l7 EDITION . AlA'" . @19R7 . TlfE AMERICAN INSTITUTE OF ARCIIITECTS, 17,~5 NEW YORK A\"E.. N,W,. \liASHINGTON. D,C, 2IHH)() G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to lega' prosecution.